Additional Information
Personal Health Optimiser®
The information provided by Personal Health Optimiser(R) is for information purposes only and is not intended to be used to diagnose, treat, cure or prevent any medical condition. You should always seek the advice of a qualified healthcare professional if you have any concerns or queries about your health.
View our Privacy Policy (v1.1)
Lachesis® Biosciences Pty Ltd
Terms and conditions of use of Personal Health Optimiser® website (v1.0)
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. About these Terms and Conditions of Use
1.1 Definitions
In these Terms and Conditions of Use (Terms):
· we, our or us and Lachesis means Lachesis Biosciences Pty Ltd (ABN 90 115 641 855) and includes its directors, employees and agents;
· you or your means the person or personal health optimiser® member who, by using this website, accepts these Terms; and
· Website Materials means all of the materials displayed on this website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements.
1.2 Terms and Privacy Policy are binding
Your use of our website and/or your registration as a personal health optimiser® member signifies that you agree to be bound by, and abide by, these Terms, and has the same force and effect as if you had actually signed these Terms. Your use and/or registration is also subject to our Privacy Policy.
1.3 Variations
Lachesis reserves the right to revise and update these Terms and our Privacy Policy as follows:
(a) if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, we may make any changes immediately without notifying you except by publishing the amended Terms or Privacy Policy (as applicable) on our website;
(b) if we consider that the change is likely to have a significant detrimental impact on you, we will make the change 10 days after we have notified you of the change (solely by using the email address you have provided) and we will display a notice on the website describing the change.
Your continued use of the personal health optimiser® website will mean that you accept those changes.
2. This website does not provide medical advice
2.1 No warranty or responsibility for Website Content
Lachesis has used its best endeavours to ensure that the Website Content (which may include information obtained from our licensors and other third parties) is correct and current. However, the Website Content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. Accordingly, to the maximum extent permitted by law, we do not warrant the reliability, accuracy, currency or completeness of the Website Content and take no responsibility for any error, omission or defect contained in the Website Content.
2.2 Intended use of Website Content
The Website Content:
(a) is intended for Australian residents;
(b) is provided for information purposes only, and is not intended to be used to diagnose, treat, cure or prevent any disease or medical condition; and
(c) is not a substitute for independent professional advice from your qualified healthcare professional.
The Website Content is generic and does not take into account the physical or mental state, medical status and/or health requirements of any particular individual which are relevant to the proper diagnosis and treatment of any problem, condition or disorder. Prior to use of this website or acting upon information contained in the Website Content, you should always seek the advice of your qualified medical practitioner or healthcare provider with any questions you may have regarding a medical condition. We do not give, nor purport to give, any medical advice, nor are we qualified to do so. We also do not recommend or endorse any specific tests, physicians, products or procedures, opinions or other information that may be mentioned on our website. Reliance on any information provided by us and others appearing on our website at our invitation is solely at your own risk.
3. Exclusions and limitations
3.1 Exclusion of implied terms
If you use this website, the Trade Practices Act or similar legislation may imply certain non-excludable terms, conditions or warranties into the contract between us, or may give you certain non-excludable remedies against us. If we breach a non-excludable term, condition or warranty, then our liability for that breach (other than breach of a warranty implied by section 69 of the Trade Practices Act) will be limited to, at our election:
(a) the re-supply of the relevant goods, advice, service, recommendation or information; or
(b) the payment to you of the cost of having the relevant goods, advice, service, recommendation or information supplied again.
3.2 Exclusion of liability
Except to the extent that liability may not lawfully be excluded, we will not be under any liability to you (or any of your officers, agents or employees) for:
(a) any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of this website or your use of or reliance upon any of the information, services or materials contained in the website or provided by the website to you; or
(b) any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of the website.
3.3 Indemnity
You must indemnify us and hold us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any claim by a third party arising directly or indirectly out of or in connection with:
(a) any breach by you of these Terms; or
(b) any suit, claim or demand brought or made against us by or due to the conduct, act or omission of:
(i) you; or
(ii) any person accessing any content through your account.
4. Links to other websites
We may, from time to time, publish links to other third party websites on this website. Contents, hyperlinks or information held on other sites is not the responsibility of Lachesis. These links are provided for your convenience only and by accessing these linked sites, you agree to any terms of access or use imposed by those linked sites. We do not endorse any material on those websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites, nor do we warrant that material on other websites does not infringe the intellectual property rights of any other person.
5. Copyright and trade marks
The Website Content is protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the website. Lachesis® and personal health optimiser® are the registered trademarks of Lachesis.
6. Use of content
6.1 Permitted use
We authorise you to view or download a single copy of material on our website for your personal, non-commercial use. Any special rules for the use of certain materials accessible on our website may be included elsewhere within our website, and are deemed to form part of these Terms.
6.2 No other use and no licence
All other use, copying or reproduction of any part of this website (including, without limitation, reproduction on any other website or systematic downloading of Website Content) is prohibited. You must not use this website in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content. Unless expressly stated otherwise, nothing contained in this website should be construed as a licence or right of use of any trade mark displayed on the website without the express written permission of the owner of the trade mark.
7. Website operation
7.1 Functions not error free
We do not warrant that any of the functions contained in the website or your access to the website will be uninterrupted or error free, or that any outage notifications will be made in a timely manner, or at all.
7.2 Website maintenance
It may be necessary to interrupt the services provided on our website in order to upgrade or maintain them, of for other circumstances beyond our control. Should we need to interrupt the availability of services on our website, we will use our reasonable endeavours to minimise any interruption to the services.
7.3 Viruses
We do not represent or warrant that this website, the Website Content or any other material accessible from this website is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
8. Personal health optimiser® membership
8.1 Nature of membership
(a) We offer a membership comprising the benefits, products and services provided set out on our website from time to time (Membership).
(b) Membership is open only to individuals. Membership is not open to groups, companies, trusts or partnerships.
(c) Membership is offered at our discretion. We have the right to accept or reject any application for Membership.
8.2 Application and payment
(a) You must apply for Membership.
(b) You or your employer must pay any applicable joining or annual fee and other fees as published on our website or on the Membership application form from time to time.
(c) Where an application is accepted, the applicable joining or annual fee is non-refundable.
8.3 GST
(a) Words or expressions used in this clause which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause.
(b) For the purposes of these Terms, where the expression GST inclusive is used in relation to an amount payable or other consideration to be provided for a supply under these Terms, the amount or consideration will not be increased on account of any GST payable on that supply.
(c) Any consideration to be paid or provided to us for a supply made by us under or in connection with these Terms, unless specifically described in these Terms as GST inclusive, does not include an amount on account of GST.
(d) Despite any other provision in these Terms, if we make a supply under or in connection with these Terms on which GST is imposed (not being a supply the consideration for which is specifically described in these Terms as GST inclusive):
(i) the consideration payable or to be provided for that supply under these Terms but for the application of this clause (GST exclusive consideration) is increased by, and you must also pay to us, an amount equal to the GST payable by us on that supply; and
(ii) the amount by which the GST exclusive consideration is increased must be paid to us by you without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided.
(e) If a payment to a party under these Terms is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost or expense.
8.4 Activation
Membership will be activated once we have received confirmation that the applicable Membership fee has been paid.
8.5 User name and password
(a) Successful Membership applicants will be asked to nominate a user name and password. The user name and password will be used for your secure login.
(b) It is your responsibility to ensure that your user name, password and any other security information are kept secure. You must never disclose your personal health optimiser® password to anyone. If you do share your password or your personal information with others, you are responsible for all actions taken in the name of your account.
(c) If you lose control of your password, you may lose control of your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password.
8.6 Change of details
You must advise us of any change of name, address, or other details at your earliest convenience after the change. Changes to any of your details may be made directly on our website or by calling or emailing us.
8.7 Member code of conduct
(a) You represent and warrant that all information that you provide to us:
(i) is true and accurate; and
(ii) does not infringe or violate the intellectual property rights or any other rights of anyone else.
(b) You are responsible for:
(i) the use of the Website Content, access to your health records and the use of any tools on this website; and
(ii) any breach of these terms and conditions,
by any persons authorised by you to use your user name, password and any other security information.
(c) You must not:
(i) abuse or misuse your Membership, any benefits, facilities, services or arrangements accorded to you as a result of the Membership;
(ii) act in a way which is likely to be detrimental to the interests of Lachesis or the Membership;
(iii) supply or attempt to supply any false or misleading information, or make any misrepresentation to us;
(iv) sell, assign, transfer or acquire, or offer to sell, assign, transfer or acquire any Membership benefit other than in accordance with these Terms; or
(v) act in a way which in our reasonable opinion breaches or is likely to breach these Terms or is inconsistent with the intent of these Terms.
(d) You must not use our website:
(i) or any of the services provided on our website for any purpose that is unlawful, breaches any applicable code of conduct, infringes a third party's rights or is prohibited by these Terms;
(ii) to breach or circumvent or attempt to breach or circumvent the security of our website (including ‘hacking’) or engage in any other malicious, illegal or damaging behaviour in relation to our website; or
(iii) in a way which interferes with other users (including transmission of spam).
9. Newsletters
We offer two newsletter subscription services:
(a) Short Form Newsletter – a free subscription service for all registered users (including paid members); and
(b) Health Update Newsletter – a service benefit for paid members only.
By accepting these Terms, You consent to us using your email address to send you one or both of these newsletters (as applicable). We may also use your email address to send updates to you from time to time about changes to core personal health optimiser® Membership services and benefits.
10. Termination
10.1 Termination for convenience
We may terminate your Membership or your access or usage of the website and/or the Website Material at any time for convenience. If we do so, we will refund to you the pro-rata proportion of your annual Membership fee corresponding to the time remaining on your Membership.
10.2 Termination for cause
If you breach any of these Terms (including, without limitation, by failing to pay any money owed to us by the payment due date) we may, at our sole discretion:
(a) temporarily withdraw or cancel your Membership; or
(b) cancel and/or refuse to honour any Membership benefits that have been redeemed by or provided to you.
11. General
11.1 Waiver
Any failure by us to exercise or enforce any one or more of our rights under these Terms will not constitute a waiver of such rights unless such waiver is granted by us in writing.
11.2 Contact details
If you have any questions or feedback about this website, please contact us:
Lachesis Biosciences Pty Ltd
Suite 5.07
365 Little Collins Street
Melbourne VIC 3000
Email: info@lachesisbio.com.au
Telephone: 1300 THRIVE [1300 847 483], 10.00 am to 6.00 pm, Australian Eastern Standard Time, Monday to Friday Australia wide
11.3 Governing law
The laws of Victoria, Australia govern these Terms, and each of us submits to the exclusive jurisdiction of the Courts of that State.
11.4 Entire agreement
These Terms and our Privacy Policy constitute the entire agreement between each of us as to their subject matter, and supersede all prior or inconsistent statements or representations as to that subject matter.
Page created: 2 Jul 2007
Page modified: 3 Dec 2009
Copyright © 2007-2009 Lachesis Biosciences Pty Ltd, Melbourne, Australia. All rights reserved.
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